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Terms

Terms 2016-10-20T16:52:32+00:00

1.    Agreement

1.1.    These Terms and Conditions apply to you, the Website user and your usage of the Defined Style and associated software, networks and processes, including the purchase of goods or services through the Website.

1.2.    By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.

2.    Interpretation

2.1.    In these Terms and Conditions:

“Agreement” means these terms and conditions, including all the terms of any order placed by you the User through the Website (if applicable).

 “Customer” means the person or legal entity identified in a Defined Style quote, invoice or sales document.

 “Delivery Cost” means the costs associated with delivery as specified in an Order.

 “Goods” means the Products listed in an Order.

 “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).

“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.

“Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product  listing on the Website.

“Products” means any items listed on the Website (for sale or otherwise), including extended warranties.

“Website” means the internet site located at the URL www.definedstyle.com.au and operated by Milan Direct.

2.2.    Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supercedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

3.    Site Use

3.1.    The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Milan Direct will not be responsible for the content or privacy practices associated with linked web sites.

3.2.    You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.

3.3.    You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Defined Style takes no responsibility for any such damage which may arise in connection with your use of the Website.

4.    Pricing

4.1.    All prices listed on the Website are in Austrlian Dollars unless otherwise specified.

4.2.    All prices listed on the Website include all applicable taxes unless otherwise specified.

4.3.    All prices displayed on the Defined Style website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.

4.4.    If a Discount Code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost.

4.5.    You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.

4.6     Free shipping offers are given at the sole discretion of Defined Style and may incur additional charges for delivery to remote areas as defined by Defined Style.

4.7    Defined Style reserves the right to refuse a sale.

5.    Product Specifications

5.1.    Features and specifications of Products described or depicted on the Website are subject to change without notice.

5.2.    All weights and dimensions mentioned are approximate.

6.    Orders

6.1.    You may place an Order by filling in the Order Form on the Milan Direct Website and clicking the “confirm” button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions

6.2.    Orders will be deemed to have been received by Defined Style at the time Defined Style sends an Order confirmation to your nominated e-mail address.

6.3.    Defined Style is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

6.4.    Each Order (once confirmed) represents a separate agreement.

6.5.    Defined Style reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.

6.6.    Defined Style, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.

6.7.    In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.

6.8.    Defined Style reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement.  An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.

6.9.    Defined Style accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.

7.    Payment

7.1.    Defined Style currently accepts Visa/Mastercard and Direct Deposit via EFT.

7.2.    Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.

7.3.    If your nominated payment method triggers Milan Direct internal suspect transaction protocols, Milan Direct may contact you to confirm additional details, or rescind the transaction.

8.    Delivery and ownership of the goods

8.1.   Defined Style tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. Defined Style does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

8.2.    The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Defined Style and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order.

8.3.    Milan Direct will not dispatch Goods to PO box addresses.

8.4.    Title and risk in the Goods pass to the customer on signing for delivery of the Goods.

8.5.    Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.

8.6.    Defined Style’s nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday.

8.7.    Defined Style is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer’s responsibility to liaise with Defined Style’s nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by Defined Style to a customer in relation to delivery will be from a third party, and as such Defined Style will not guarantee the accuracy of such information.

9.    Faulty or damaged goods

9.1.    Milan Direct will repair or replace damaged or faulty Goods in accordance with these Terms and Conditions and the applicable Defined Style Standard Warranty or Extended Warranty.

9.2.    Where a Good is faulty within the first 7 days after delivery or is already damaged on delivery, and the customer notifies Defined Style of that fault within the first 7 days after delivery, then Defined Style will:

(a)    Replace or Repair the faulty Good at their discretion; or

(b)    If Milan Direct is unable to provide a new replacement, Milan Direct has the option to offer a full or partial refund dependant on the amount of damage to the product.

(c)    Where a new replacement is available, and the customer elects to receive a refund instead of a replacement, the refund will be for the amount of the purchase price excluding the initial Delivery Cost.

(d)    The 14 Day period will commence on the date that the customer accepts delivery of their Defined Style product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the product.

Outside of this 14 Day period, faults will be dealt with in accordance with the terms and conditions of the applicable Defined Style Standard Warranty or Extended Warranty.

9.3.    Where Goods are already damaged on delivery, Milan Direct requires photographic evidence of the damage to be e-mailed to [email protected] before authorising return of the Goods.

9.4.    Defined Style reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this clause 9.

9.5.    Defined Style may seek reimbursement of any costs incurred by us when the Product is found to be in good working order.

10.    Refunds and returns

10.1.    Other than in accordance with Defined Style’s 14 Day Money Back Guarantee, Defined Style does not provide refunds.

10.2.    No refunds are available for services where goods are not offered.

10.3.    Other than in accordance with clause 9, Milan Direct will only accept the return of Goods that have been supplied incorrectly.

10.4.    In order to facilitate a return under these Terms and Conditions, e-mail [email protected]

10.5.    The customer must comply with directions from Defined Style staff to facilitate a return.

10.6.    Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.

10.7.    It is the customer’s responsibility to ensure that returned items are returned safely. Defined Style takes no responsibility for items lost in transit.

11.    Warranties

11.1.    Each Product sold on the Website is covered by a 12 month Defined Style Standard Warranty (The warranty details can be viewed here.)

11.2.    To the extent permitted by law, the warranties referred to in clause 10.1 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.

11.3.    Defined Style will carry spare parts for each product for the length of the Standard and/or Extended Warranty period (1, 3 or 5 years as the case may be). Milan Direct does not guarantee the availability of spare parts outside of this period. Where a Product is outside of warranty, Milan Direct reserves the right to refuse to supply spare parts where limited stock is available.

11.4.    Certain legislation may imply warranties or conditions or impose obligations upon Milan Direct which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Milan Direct is able to do so, its liability will be limited, at its option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods; or the payment of the cost of having the Goods repaired.

11.5.    Extended warranties are available for purchase for all Defined Style Products, as listed on the Website. They may be purchased up to 14 days after delivery of your Products.

11.6.    Where a Defined Style Extended Warranty is purchased, it will replace the 12 month Defined Style Standard Warranty with the extended warranty period (For example, either 3 or 5 years).

12.    Intellectual Property

12.1.    All Intellectual Property in any Material on the Website is the property of Defined Style. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.

13.    Indemnity

13.1.    You waive, release, discharge and relinquish any and all claims that you have now or may have against Defined Style which are connected with, arise out of, relate to or are incidental to the use of the Website.

13.2.    You agree to indemnify and to keep indemnified Milan Direct and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Defined Style arising out of or in connection with the your use of the Website and the use of any Defined Style Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).

14.    Liability

14.1.    To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Milan Direct (in negligence or otherwise) is limited (at the option of Milan Direct) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that Milan Direct shall not be held liable for any indirect or consequential loss.

15.2.    To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Milan Direct (in negligence or otherwise) is limited (at the option of Milan Direct) to these Terms and Conditions and those listed in related Milan Direct warranties.

15.    Privacy

15.1.    We gather personal information about our customers for the purposes of:

(a)    marketing, supplying or delivering our products to you;

(b)    carrying out repair work (both in and out of warranty repairs);

(c)    improving and developing our products; and

(d)    expanding our business.

15.2.    Milan Direct is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.

Milan Direct will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 16.

15.3.    In the process of dealing with our customers, we may collect and hold the following types of information:

(a)    Information about persons who are customers or target customers as given to us by those persons, or information obtained from public domain sources such as magazines and newspapers.

(b)    Information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations.

15.4.    The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.

15.5.    We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party repairer to provide warranty repair. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.

15.6.    You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact us at by e-mail at [email protected] A $30.00 administration fee will be charged for the retrieval of any personal information.

16.    General

16.1.    Milan Direct reserves the right to make changes to the Milan Direct Website and Order Terms and Conditions without notice.

16.2.    Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.

16.3.    A failure or delay by Defined Style to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Defined Style does not preclude its future ability to exercise that or any other power or right.

 
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